27.
It argued that the principle of legality had not been violated, in view of the nature of the
political control exercised in the case. It indicated that it is incomprehensible that the petitioner argues on the
one hand as a normative basis that there was an Electoral Law, and on the other hand that there was a "legality
vacuum". It argued that the aforementioned rule established the National Congress’ powers of control in a fully
regulated manner.
28.
It argued that the right to judicial protection had not been violated because the petitioner
failed to demonstrate the ineffectiveness of the available remedies. It added that the petitioner also had
recourse to administrative litigation as a remedy available against decisions of organs of the public
administration breaching fundamental rights. It indicated that the alleged bias of the Constitutional Court has
not been proven and that, therefore, there was an expeditious avenue for judicial protection at the
constitutional level.
29.
Finally, regarding the obligation to respect the rights of the American Convention and the
duty to adopt provisions of domestic law, the State maintained that it has substantially altered its electoral
institutional framework to meet the Inter-American standard; and that this must be considered integrally as a
guarantee of non-repetition and observance of the content of the obligations arising from said standard.
III.
DETERMINATIONS OF FACT
A.
Context
30.
The Commission considers applicable to the present case the background and context that the
Inter-American Court had as proven in the Cases of Quintana Coello and Camba Campos against Ecuador. In
particular, the Commission summarizes the following:
From 1996 until 2007, the Republic of Ecuador had seven Presidents. Over this period none
of them could complete the four-year constitutional mandate.
(...)
Over the years, structural reforms and changes to the composition of the high courts have
been frequent in Ecuador and, at times, the high courts were intervened by the political
authorities. According to expert witness Mó nica Rodríguez, proposed by the State, “[i]n
Ecuador, the independence of the Supreme Court of Justice has been compromised and the
institution exploited throughout its history.
The context of this case is related to the termination of mandates of members of the
Constitutional Tribunal, the Supreme Electoral Tribunal, and the Supreme Court of Justice of
Ecuador in November and December 2004. These terminations emanated from the National
Congress
(...)
President Abdalá Bucaram was elected on August 10, 1996; however, his government only
lasted 180 days, because Congress removed him from office in February 1997.
Following his removal, Fabián Alarcón Rivera as appointed interim President of the Republic.
On April 7, 1997, this President convened a referendum by Executive Decree No.201. The
political objective of the referendum was to legitimate Alarcón’s government, because the
constitutionality of his appointment had been questioned. However, the consultation had two
other clear objectives: to legitimate the actions of the public organs and to restore the
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